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myLex

Novo Código de Processo Civil

Art. 337.

Incumbe ao réu, antes de discutir o mérito, alegar:

I - inexistência ou nulidade da citação;

II - incompetência absoluta e relativa;

III - incorreção do valor da causa;

IV - inépcia da petição inicial;

V - perempção;

VI - litispendência;

VII - coisa julgada;

VIII - conexão;

IX - incapacidade da parte, defeito de representação ou falta de autorização;

X - convenção de arbitragem;

XI - ausência de legitimidade ou de interesse processual;

XII - falta de caução ou de outra prestação que a lei exige como preliminar;

XIII - indevida concessão do benefício de gratuidade de justiça.

§ 1º Verifica-se a litispendência ou a coisa julgada quando se reproduz ação anteriormente ajuizada.

§ 2º Uma ação é idêntica a outra quando possui as mesmas partes, a mesma causa de pedir e o mesmo pedido.

§ 3º Há litispendência quando se repete ação que está em curso.

§ 4º Há coisa julgada quando se repete ação que já foi decidida por decisão transitada em julgado.

§ 5º Excetuadas a convenção de arbitragem e a incompetência relativa, o juiz conhecerá de ofício das matérias enumeradas neste artigo.

§ 6º A ausência de alegação da existência de convenção de arbitragem, na forma prevista neste Capítulo, implica aceitação da jurisdição estatal e renúncia ao juízo arbitral.

JURISPRUDÊNCIA - Art. 337.

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BIBLIOGRAFIA - Art. 337.

https://brasil.mylex.net/bibliografia/part/
57647
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https://brasil.mylex.net/pltmylex/rendermo/PLTMyLexLightboxRegisterMO

SITES - Art. 337.

https://brasil.mylex.net/pltdocument/
57647
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https://brasil.mylex.net/pltmylex/rendermo/PLTMyLexLightboxRegisterMO
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